First District Court of Appeal Certifies Citizens Sovereign Immunity Question to Florida Supreme Court in Hurricane Ivan Windstorm Damage Bad Faith Case
Oct 6, 2010
In an opinion issued today, October 6, 2010, involving a bad faith case against Citizens Property Insurance Corporation (“Citizens”), the First District Court of Appeal asked the Florida Supreme Court to determine whether the issue of Citizens’ sovereign immunity should be decided before, or after a Citizens-related final judgment in a trial court lawsuit.
To read the complete opinion, click here.
The Associated Press news coverage of the case is reprinted below.
Citizens Ins. immunity issue goes to Fla. justices
The Associated Press
TALLAHASSEE, Fla. — An appeals court says a decision on whether state-backed Citizens Property Insurance Corp. is immune from lawsuits alleging bad-faith practices is a matter of timing.
A three-judge panel of the 1st District Court of Appeal on Wednesday said it’s question of great public importance for the Florida Supreme Court to answer.
The question is whether the immunity issue should be decided before or after a lawsuit against Florida’s largest property insurer goes to trial.
A two-judge majority says the immunity decision should wait until after the case is tried.
A dissenting judge and another appeals court say the immunity issue should be decided before trial. They also say that decision should be that Citizens is immune from bad faith claims.
Should you have any questions or comments, please contact Colodny Fass.